The Singapore Court of Appeal confirmed in PEX International Pte
Ltd v Lim Seng Chye and Anor [2019] SGCA 82 the importance of
actions in nuisance. This case was a subrogated action pursued by
property insurers and is a good illustration of how recoveries
might be successful against neighbouring land users in the absence
of actionable negligence.
The Facts
The Defendant, PEX International, occupied and used commercial
premises in Jurong, Singapore. In 2013, PEX engaged an independent
contractor to undertake renovation works at the premises. As part
of those works, the contractor undertook hot works (welding) at the
boundary of the property (adjacent to Mr Lim's property).
Sparks from the welding were blown by strong winds onto mattresses
stored at Mr Lim's premises, causing a fire. Mr Lim's
property insurers indemnified him for the fire damage and pursued a
subrogated action against PEX in the Singapore High Court, claiming
that PEX was liable in negligence or
